David Pham

The insurer brought a motion to dismiss the arbitration because the applicant failed to comply with a prior order to pay $500 in expenses.

The applicant argued that he was unable to pay because the insurer had not paid any benefits.

The arbitrator ordered that the arbitration be stayed until the applicant complies with the prior order.

The applicant applied for statutory accident benefits, claiming she was injured as a passenger in a motor vehicle accident.

The insurer denied the claim on the basis that the applicant was not in the vehicle at the time of the collision.

In a preliminary issue hearing, the arbitrator assessed the credibility of the applicant, her sister, and the driver.

Despite some inconsistencies regarding the time of the accident and weekend plans, the arbitrator found on a balance of probabilities that the applicant was a passenger in the vehicle and suffered an impairment, thereby meeting the definition of an accident.

The applicant sought statutory accident benefits, claiming she was injured when her vehicle was rear-ended.

The insurer denied the claim on the basis that no accident occurred.

At arbitration, the drivers of the vehicles behind the applicant testified that their vehicles collided but did not strike the applicant's vehicle.

The arbitrator found the applicant's testimony inconsistent and unreliable, preferring the evidence of the other drivers.

The arbitrator concluded that the applicant's vehicle was not rear-ended and she did not sustain an impairment.

The application was dismissed, and the applicant was ordered to pay the insurer's arbitration expenses due to the vexatious nature of the claim.